A former Deputy Speaker of the Rivers State House of Assembly, Rt. Hon. Marshall Stanley-Uwom, has approached the Federal High Court in Abuja, praying it to stop the Federal Government from releasing allocations accruable to the Local Government Councils, LGCs, in the state, to the Sole Administrator, Vice Admiral Ibok-Ete Ibas, Rtd.

The plaintiff, who was a lawmaker while the current Minister of the Federal Capital Territory, FCT, Mr. Nyesom Wike, held sway as governor of the state, urged the court to declare that under section 7(1) of the 1999 Constitution, as amended, as well as the judgement of the Supreme Court, Ibas cannot legally appoint unelected officials as caretakers to run the affairs of the LGCs in Rivers.

Among the reliefs he is seeking from the court are: ?An order that the State of Emergency in Rivers State issued and or proclaimed by the President has ceased to have effect.?

He is also seeking ?an order compelling the 7th Defendant (Ibas) to immediately vacate the office of Sole Administrator of Rivers State and allow the democratically elected Governor of Rivers State to resume his office.?

Aside from President Bola Tinubu who was cited as the 1st defendant in the suit marked: FHC/ABJ/CS/797/2025, equally listed as 2nd to 10th defendants in the matter, are: the National Assembly; the Senate; Senate President; House of Representatives; Speaker of the House of Representatives; Vice Admiral Ibas, Rtd; Central Bank of Nigeria (CBN); Accountant General of the Federation; and the Federation Account Allocation Committee.

In the Originating Summons he filed through a team of lawyers led by Mr. Sylvester I. Evbuomwan, the plaintiff, who told the court that he is a Prince of the Agba Royal Family of Abua, and the Adibaal Abuan 1 of Abua, in Abua-Odual LGA of Rivers State, posed four legal questions for the court to determine:

?Whether by virtue of Section 305 (6) (b) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) the Proclamation issued by the President has ceased to have effect in the absence of a resolution supported by two-thirds majority of all the members of each House of the National Assembly approving the Proclamation.

?Whether by virtue of Section 7 (1) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) and the Supreme Court decision in AG OF THE FEDERATION V. AG OF ABIA STATE & ORS (2024) LPELR-62576 (SC), the 7th Defendant can legally appoint unelected officials as caretaker to run the affairs of the Local Government Councils of Rivers State.

?Whether by virtue of Section 7 (1) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) and the Electoral Act and the Supreme Court decision in AG OF THE FEDERATION V. AG OF ABIA STATE & ORS (2024) LPELR-62576 (SC), the 8th, 9th and 10th Defendants can legally release allocations accruable to the Local Government Councils of Rivers State from the Federation Account to the unelected officials appointed by the 7th Defendant as caretaker appointed to run the affairs of the Local Government Councils in Rivers State.?

Likewise, ?Whether by virtue of Section 197 and 198 of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended) the 7th Defendant can legally remove from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) who were appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).?

In a 16-paragraph affidavit he personally deposed to in support of the legal action, the plaintiff told the court that he has held several positions in Rivers State since 2004, including serving as the Deputy Speaker, Rivers State House of Assembly, from 2015 to 2019.

?That I am a major stakeholder in Rivers State, as a politician, a traditional royal prince and amongst others, an elder statesman in Rivers State.

?That during the 2023 general elections, Governor Siminalayi Fubara was elected Governor of Rivers State. However, relying on Section 305 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the 1st Defendant declared a state of emergency in Rivers State and also suspended the said Siminalayi Fubara as governor of Rivers State.

?That in line with Section 305 (6) (b) of the Constitution of The Federal Republic of Nigeria, 1999 (As Amended), the 1st Defendant requested the resolution of the 2nd Defendant supported by two-thirds majority of all the members of the 3rd and 5th Defendants approving the Proclamation of state of emergency in Rivers State as declared by the 1st Defendant.

?That 3rd and 5th Defendants at their plenary sessions of Thursday, 20th March 2025 purportedly approved the request of President Bola Ahmed Tinubu to proclaim a state of emergency in Rivers State without proper votes establishing and or showing that two-thirds majority votes were secured to support or approve the Proclamation of state of emergency in Rivers State as declared by the 1st Defendant.

?That instead the 4th and 6th Defendants proclaimed that they had secured resolution of the 3rd and 5th Defendants at their plenary sessions through voice votes and not through proper vote count as required for the passing of a resolution of this nature.

?That on the 19th of March, 2025, the 1st Defendant swore in the 7th Defendant as the Sole Administrator of Rivers State. That the 7th Defendant thereafter immediately took over the affairs of the administration of Rivers State by moving into the government house of Rivers State.

?That upon taking over the affairs of the government of Rivers State, the 7th Defendant sacked all the officers in charge of the affairs of the Local Government of Rivers State and appointed a new set of Local Government Caretaker Committee to run the affairs of the LGAs in Rivers State.

?That the 7th Defendant also removed from office the Chairman and members of the Rivers State Independent Electoral Commission (RSIEC) appointed and confirmed by the Rivers State House of Assembly and appoint a new Chairman and members for the Rivers State Independent Electoral Commission (RSIEC).

?That the 8th, 9th and 10th Defendant have been releasing allocations accruable to the LGAs of Rivers State to the appointed caretaker committees appointed by the 7th Defendant and also releasing to the 7th Defendant all allocations accrued to Rivers State.

?That the 7th Defendant is utilizing the fund of Rivers state without parliament appropriations.

?That it shall be in the interest of justice to grant all the reliefs in the Originating Summons,? the plaintiff averred.

Meanwhile, no date has been fixed for the matter to be heard. (Vanguard)

Update news